Koniseti ‘Akau’ola who was arrested outside a Nuku’alofa bar on the night of August 17, 2012 in his evidence in chief this morning, said he was drinking alcohol but left around 11-12pm to go home when he was arrested by the police outside the bar.

 

He said although he drank alcohol he understood what was happening and Cell 7 was full on that night because there was no room to sleep on the bench or bunks but noone was on the floor.

 

Kali was dragged inside Cell 7 and laid down on the floor close to where I was sitting on the bench. He was still awake mumbling and swearing in English while saying something to the extent that “his body and head was sore,” the witness told the court.

 

He said another detainee, the accused Kalisitiane, who was in the cell teased Kali thinking he was a deportee. Kali stood up but he was not steady on his feet, he was weak and Kalisitiane punched him on the chest or mouth. “I was just surprised because he fell towards the area I was sitting. He did not say anything but was vomitting on the floor,” he said.

 

The witness said other detainees called out to the officers to come and take Kali before he died and they came took him. “I did not know anything about Kali afterwards because I expected they would have taken him to the hospital,” he said.

 

 

Meanwhile, another detainee in the same cell Hengihengi Namomo who was arrested in the CBD said he was lying on the top bunk in the cell.

 

He said when Kali was brought in he was laid down on the floor but he could not recall the police officers who brought him in. The cell was full on this night with around 10 people. He said that Kali was awake and was swearing and said something in English “why did you hit me, bad police”.

 

“I also heard him say he was a New Zealand police officer and he was being looked down upon while lying on the cement floor,” he said.

 

The accused Kalisitiane who was standing by the door told Kali to shut up, calling him a deportee. Kali challenged him to a fight while still lying on the floor. Kali got up weakly and stumbled forward with a right hand punch and Kalisitiane responded and punched him on his left jaw.

 

“Kali backed off and fell down and I heard his head hitting the cement floor. I told other detainees to check this person, he might die, and [I] went to sleep.”

 

When the witness was cross-examined by one of the defense counsel he was asked to say what he told the Crown of what he had heard Kali say in English.

 

“Kali said ‘why you look down on me I am a New Zealand police officer',” said the witness. 

 

“But you did not say that during the Preliminary Inquiry at the Magistrate’s Court,?” asked the defense counsel.

 

He said, no.

 

“I put to you the English words you said is what you had just made it up and bought it to court this morning?” said the defense counsel.

 

The witness said, no.

 

 

Heamani Lopeti, a prisoner serving time at Hu’atolitoli Prison, was detained in Cell 6 on the night, when he heard the sound of someone being beaten up by the police officers in the station.

 

He said normally he and another detainee Sione Vaomotou would often walk up closer to see them beating up someone.

 

“I heard the person swearing and asking why was he arrested for nothing and I heard the sound of punching, beating... After 15-30 minutes two officers namely the accused Maile and Faletau dragged Kali who was passed out, drunk, and left him lying on the floor outside my cell for about 35-40 minutes before two other officers put him in Cell 7. They dragged him into Cell 7 and left him lying on the floor and after a few minutes they brought in another person, Tavake, who was arrested with Kali,” the court was told.

 

The witness said he could see inside Cell 7 from his cell and said Tavake sat on the edge of the bench and he challenged a fight. Kalisitiane got up and punched Tavake. All of a sudden Kali got up and said to stop and Kalisitiane punched him and he fell banging his head on the floor. “The sound was very loud because I had never heard any sound like that before,” he said.

 

He said a police officer later came and dragged Kali into his cell and laid him on the floor. Kali had no shirt on and the police officer took off his pants, he told the court.

 

The manslaughter trial of the five police officers, before Mr Justice Charles Cato continues at the Nuku’alofa Supreme Court this week with the Crown anticipating to finish calling its witnesses on Thursday, April 24.

 

Police Inspector Kelepi Hala‘ufia and Police Constables Salesi Maile, Tevita Vakalahi, Manu Tu’ivai, Fatai Faletau who elected to be tried by judge alone, have pleaded not guilty to manslaughter with an alternative charge of grievous bodily harm.

 

Meanwhile, a second trial before a jury will follow for the accused Kalisitiane, who is similarly charged with the accused policemen.